Madras High CourtCRL OP(MD)/2311/2016allowed

R. Kunjarajan v. The Inspector Of Police

2016-02-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2311 of 2016 1 R. KUNJARAJAN 2 K. SUBASH 3 C. NATARAJAN 4 N. ANAND 5 C. THANGAKRISHNAN ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE EATHAMOZHY POLICE STATION, KANYAKUMARI DISTRICT, CR NO.28/2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.S.RAMAKRISHNADASS Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No. 28 of 2016, on the file of the respondent police for offences under Sections 147, 447, 307 IPC, the petitioners are now before this Court seeking Anticipatory Bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent. 3.It is seen that there is no injury caused to any one. Under such circumstances, this Court is of the view that it is a fit case for grant of anticipatory bail. Accordingly, anticipatory bail is granted to the petitioners, but with conditions.

4. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, No.III, Nagercoil, on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, https://hcservices.ecourts.gov.in/hcservices/

(a) the petitioners shall stay at Valliyoor and report before the Valliyoor Police Station every day at 6.30 p.m. until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (e) The Inspector of Police concerned is directed to send a compliance report to the office of the Government Advocate (Crl. Side) as to whether the petitioners are complying with the condition or not.

sd/- 09/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III NAGERCOIL.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI AT NAGERCOIL.

3 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE EATHAMOZHY POLICE STATION, KANYAKUMARI DISTRICT.

5 THE OFFICER INCHARGE VALLIYOOR POLICE STATION, VALLIYOOR.

+1. CC to M/S N.S.RAMAKRISHNADASS Advocate SR.No.7840

ORDER

IN CRL OP(MD) No.2311 of 2016 Date :09/02/2016 RG.SK-SKN/SAR-I 12.02.2016 2P:7C https://hcservices.ecourts.gov.in/hcservices/